Jefferson Lines, Inc. v. Missouri Public Service Commission, 30152

• Decision Date: 30 April 1979
• Docket Number: No. 30152,30152
• Citation: 581 S.W.2d 124
• Parties: JEFFERSON LINES, INC., a Minnesota Corporation, Kansas City, Missouri, Greyhound Lines, Inc., Phoenix, Arizona, Continental Trailways, Inc., Dallas, Texas, American Buslines, Inc., Dallas, Texas, Midwest Buslines, Inc., North Little Rock, Ark., Missouri Transit Lines, Inc., Moberly, Missouri, Appellants, v. MISSOURI PUBLIC SERVICE COMMISSION, Jefferson City, Missouri, and James P. Mulvaney, Mrs. Leah McCartney, Hugh A. Sprague, and Stephen B. Jones, Commissioners of the Missouri Public Service Commission, Respondents.
• Court: Missouri Court of Appeals

Page 124

581 S.W.2d 124

JEFFERSON LINES, INC., a Minnesota Corporation, Kansas City,

Missouri, Greyhound Lines, Inc., Phoenix, Arizona,

Continental Trailways, Inc., Dallas, Texas, American

Buslines, Inc., Dallas, Texas, Midwest Buslines, Inc., North

Little Rock, Ark., Missouri Transit Lines, Inc., Moberly, Missouri, Appellants, v. MISSOURI PUBLIC SERVICE COMMISSION, Jefferson City,

Missouri, and James P. Mulvaney, Mrs. Leah McCartney, Hugh

A. Sprague, and Stephen B. Jones, Commissioners of the

Missouri Public Service Commission, Respondents.

No. 30152.

Missouri Court of Appeals, Western District.

April 30, 1979.

Elvin S. Douglas, Jr., Crouch, Crouch, Spangler & Douglas, Harrisonville, for appellants.

Paul W. Phillips, Arthur L. Conover, Mo. Public Service Commission, Jefferson City, for respondents.

Before DIXON, P. J., and TURNAGE and KENNEDY, JJ.

TURNAGE, Judge.

Jefferson Lines, Inc. and five other bus lines filed a declaratory judgment suit in the Circuit Court of Jackson County, alleging a rule adopted by the Public Service Commission and published in 4 C.S.R. 240-110.060(1) and (1)(A) to be invalid and unenforceable as exceeding the statutory authority of the Commission. The court sustained a motion to dismiss because the proper venue for the action was Cole County under § 386.510, RSMo 1975 Supp.

On this appeal Jefferson and the other lines contend the action was properly brought in Jackson County under § 536.050, RSMo 1969. Affirmed.

The petition was filed in October, 1977, prior to the amendment of § 536.050, which at that time provided as follows:

The power of the courts of this state to render declaratory judgments shall extend to declaratory judgments respecting the validity of rules, or of threatened applications thereof, and such suits may be maintained against agencies whether or not the plaintiff has first requested the agency to pass upon the question presented. The venue of such suits against agencies shall, at the option of the plaintiff, be in the circuit court of Cole county, or in the county of the plaintiff's residence, or if the plaintiff is a corporation, domestic or foreign, having a registered office or business office in this state, in the county of such registered office or business office. Nothing herein contained shall be construed as a limitation on the declaratory or other relief which the courts might grant in the absence of this section.

The petition for declaratory judgment alleged the Commission had adopted an order relating to the classification of common carriers by services performed in relation to school bus type equipment. It also alleged the Commission did not have the authority to adopt such a rule because the Commission was only authorized to create classifications with regard to types of carriers and not on the type of equipment to be utilized in performing a charter service. Apparently, the effect of the rule is to deny the bus lines the authority to use their regular equipment in the transportation of certain passengers and to require that only equipment designated as school bus equipment could be utilized.

The order dismissing the petition held that the exclusive procedure for reviewing the lawfulness of the order was provided in § 386.510, which specifies the venue as the county where the hearing was held or in which the Commission has its principal office. The court held the review sought by the declaratory judgment suit was not pursuant to such section and therefore, venue was not properly in Jackson County but in Cole County.

The material parts of § 386.510 to this case are:

Within thirty days after the application for a rehearing is denied, or, if the application is granted, then within thirty days after the rendition of the decision on rehearing, the applicant may apply to the circuit court of the county where the hearing was held or in which the commission has its principal office for a writ of certiorari or review (herein referred to as a writ of review) for the purpose of having the reasonableness or lawfulness of the original order or decision or the order or decision on rehearing inquired into or determined. * * * No new or additional evidence may be introduced upon the hearing in the circuit court but the cause shall be heard by the court without the intervention of a jury on the evidence and exhibits introduced before the commission and certified to by it. * * * Upon the hearing the circuit court shall enter judgment either affirming or setting aside the order of the commission under review. * * * The court may, in its discretion, remand any cause which is reversed by it to the commission for further action. No court in this state, except the circuit courts to the extent herein specified and the supreme court or the court of appeals on appeal, shall have jurisdiction to review, reverse, correct or annul any order or decision of the commission or to suspend or delay the executing or operation thereof, or to enjoin, restrain or interfere with the commission in the performance of its...